PROCEDURE-COURT

ERAP Stay Obtained by Squatter Is Lifted by the Court

April 27, 2022    

Landlord sued to evict apartment occupant after serving a 10-day notice to quit in September 2021. The occupant appeared in court and, since she had filed an ERAP application, the case was stayed. Landlord asked the...

Court Dismisses Holdover Proceeding Started After Tenant Filed ERAP Application

April 26, 2022    

Landlord sued to evict an unregulated tenant in October 2021 after serving a 90-day termination notice. Tenant filed a Hardship Declaration in November 2021. Tenant also advised the court that she had filed an ERAP...

Court Denies Landlord's Request to Vacate ERAP Stay Obtained by Licensee

April 26, 2022    

Landlord sued to evict occupants of a rent-stabilized apartment after tenant died, claiming that they were either mere licensees of the tenant or squatters. One of the occupants filed a Hardship Declaration and ERAP...

Notice of Discontinuance Can't Be Filed After Tenant Answers Petition

April 26, 2022    

(Decision submitted by attorney John Bart of DC 37  Municipal Employees Legal Services, who represented the tenant.)

Pending ERAP Application Won't Delay Eviction Proceeding for Former Super

April 26, 2022    

Landlord sued to evict the building's former superintendent after the super's employment was terminated in September 2021. The super lived in an apartment in the building as an incidence of his employment and...

Court Lifts ERAP Stay of Holdover Proceeding Against Occupant

April 25, 2022    

Landlord sued to evict apartment occupants as "licensees" after the unit's rent-stabilized tenant died. Shortly after landlord filed the holdover petition in August 2021, one of the occupants filed a...

Tenant's Pending ERAP Application Stays Holdover Proceeding Not Based on Unpaid Rent

April 25, 2022    

Landlord sued to evict tenant because tenant was holding over after service of a 90-day notice terminating her tenancy. Landlord sought a judgment of possession, warrant of eviction, as well as rent, late fees, and/...

Eviction Case Dismissed Despite Tenant's Default Based on Improper Service of Hardship Declaration Form

March 28, 2022    

Landlord sued to evict tenant after serving a 60-day notice. Landlord and tenant appeared on Nov. 8, 2021, the first court date and tenant was referred to legal counsel by the court. Neither tenant nor his attorneys...

Landlord Who Disputes Tenant's Hardship Declaration Can Conduct Pre-Trial Questioning

March 28, 2022    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated his lease by causing damage to the unit, failing to keep the unit clean, and exceeding occupancy limitations in violation of the parties...

Landlord Can Continue to Seek Money Judgment in Case Commenced Before Tenant Moved Out

March 28, 2022    

Landlord sued to evict unregulated tenant. Tenant moved out of the apartment while the case was pending. The court then ruled against landlord "without prejudice" to landlord's right to bring a plenary...

DRP-222 Issued Post-Eviction Moratorium to Address Default Judgments

February 21, 2022    

Following the end of New York's eviction moratorium on Jan. 15, 2022, DRP-222 was issued to address the management in New York City's Civil Courts of motions for default judgments in residential and...

DRP-221 Issued to Guide Management of Eviction Cases Commenced after March 16, 2020

February 21, 2022    

Following the end of New York's eviction moratorium on Jan. 15, 2022, DRP-221 was issued to address the management in New York City's Civil Courts of residential and commercial eviction matters commenced...